BIZPRODUCER.COM, LLC Terms and Conditions
THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE
“CONTINUE”, “CHECKOUT”, AND/OR “SUBMIT” BUTTON IN THE ORDER
FORM ON THE BIZPRODUCER.COM, LLC WEB SITE OR ENGAGING IN
BUSINESS WITH BIZPRODUCER.COM, LLC) OF THE CUSTOMER'S ORDER
WILL CONSTITUTE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND
CONDITIONS.
This agreement (“Terms and Conditions”), in addition to any
other specific agreement between BizProducer.com, LLC (“BizProducer.com”)
and the customer (“the Customer”), represents the complete
understanding and agreement between BizProducer.com and
Customer. This Terms and Conditions agreement supersedes any
other written agreement including, without limitation,
digitized, computerized, oral agreement, and/or agreement by
conduct, except when expressly agreed to the contrary in
writing by BizProducer.com.
Upon notice published on BizProducer.com web site,
BizProducer.com may change or discontinue any provision of
this Terms and Conditions agreement from time to time,
including, without limitation, all services provided by
BizProducer.com, pricing, equipment, services and products.
Any such change or discontinue of any provision will legally
bind the Customer from the time BizProducer.com publishes
notice of the change on the BizProducer.com Web Site. It is
the Customer's sole responsibility to ensure that the
Customer is up to date on the most current version of the
Terms and Conditions agreement.
In accordance with the Terms and Conditions, BizProducer.com
will provide services to the Customer in exchange for fees
and full compliance with the following Terms and Conditions:
Provision of BizProducer.com Services
BizProducer.com Services Defined. " BizProducer.com
Services" include, without limitation, the following:
any act by BizProducer.com of serving the Customer
regardless of duration and whether or not paid for;
any act of setting up, connecting, maintaining, terminating,
or reconnecting the "Customer's Account" (see section 1.b.);
any use by the Customer of computing, telecommunications,
software, information, hardware, and equipment provided by
BizProducer.com;
any act, or provision of any service, by BizProducer.com
related to web hosting (including, without limitation,
server usage and technical support);
any provision by BizProducer.com, and any use or occupation
by the Customer, of space, Internet connectivity, or
electrical power;
any access to computing, telecommunications, software,
information, hardware, and equipment provided to Customer by
others affiliated with BizProducer.com via the world wide
web and Internet;
any aspect related to the BizProducer.com web site,
including the BizProducer.com web site itself;
any act by BizProducer.com related to the submission and/or
registration of a domain name for the Customer;
any other service mentioned in the Terms and Conditions
agreement;
any other service provided by BizProducer.com to the
Customer;
any other service provided by BizProducer.com and used by
the Customer.
Customer's Account Defined. "Customer's Account" means the
space on the particular web server that ISQsolutions™
provides to BizProducer.com for use by the BizProducer.com's
Customer in BizProducer.com provision of BizProducer.com
Services to the Customer.
Amendment of Fees & Charges. Upon thirty (30) days notice,
BizProducer.com may amend the fees and/or charges for any
BizProducer.com Service.
Domain Name Submissions and Registration. BizProducer.com
Services related to the registration of a domain name is
limited to the submission of the registration request to the
appropriate registrar. Please note that each individual
domain name constitutes a single submission. It is the
Customer's sole responsibility to provide accurate domain
name spelling and contact information.
Registry/Registrars' Terms & Conditions. Upon the Customer's
registration of a domain name with any registry, the
Customer will also be subject to the terms and conditions of
the domain name dispute policy.
Management & Backup of Data. The Customer is solely
responsible for the management and backup of all the
Customer data, and all updates, upgrades, and patches to any
software that the Customer uses in connection with
BizProducer.com Services.
Maintenance Windows. BizProducer.com reserves the right to
conduct an emergency maintenance window at any time. During
an emergency maintenance window, any or all BizProducer.com
Services may be unavailable.
License to Occupy Only. The Customer acknowledges and agrees
that any provision of web hosting by BizProducer.com to the
Customer grants the Customer only a license to occupy the
space on a web server, and that the Customer has no real
property interest in the space, software, web server and
equipment. Payment by the Customer for web hosting does not
create or vest in the Customer (or in any other party) any
leasehold estate, easement, ownership interest, or other
proprietary right or interest of any nature in any part of
BizProducer.com or ISQsolutions™ premises or facilities
including, without limitation, the space, software, web
server and equipment.
USE OF MATERIALS & CONFIDENTIALITY
Public Domain Materials Defined. "Public Domain Materials"
means materials (including, without limitation, information,
artwork, images, pictures, text, video, audio, and programs)
that are not subject to copyright, trademark, service mark,
or any other intellectual property right restrictions or
prohibitions. Except when prohibited by law, Public Domain
Materials may be downloaded or uploaded using
BizProducer.com Services. The Customer assumes all risks
regarding the determination of whether or not any material
is Public Domain Material.
Use of Copyrighted Materials. As provided by United States ,
Canadian federal law and international treaties, copyrighted
materials may not be uploaded using BizProducer.com Services
without the express written permission of the copyright
holder. Copyrighted materials may be downloaded using
BizProducer.com Services FOR PERSONAL, NON-COMMERCIAL,
NON-PROFIT USE ONLY. Except as expressly permitted by law,
copyrighted materials may not be distributed to others. The
Customer may not change copyrighted materials and notices,
including, without limitation, any author attribution
notice.
Confidential Information Defined. "Confidential Information"
means any information disclosed by BizProducer.com to the
Customer, either directly or indirectly, in writing, orally,
or by inspection of tangible objects (including, without
limitation, documents, prototypes, samples, plant, and
equipment), which is designated as "Confidential,"
"Proprietary," or some other similar designation either (a)
in writing, (b) orally, or (c) by any other means.
Confidential Information will not include any information
which: (i) is publicly known and made generally available
through no fault or breach on the part of the Customer or
any third party; (ii) is obtained by the Customer from a
third party without a breach of such third party's
obligations of confidentiality; (iii) is independently
developed by the Customer without use of or reference to the
Confidential Information; or (iv) is required by law to be
disclosed by the Customer, provided that the Customer gives
BizProducer.com prompt written notice of such requirement
prior to such disclosure, and assistance in obtaining an
order protecting the information from public disclosure.
Disclosure of Confidential Information. The Customer must
not use, disclose, publish or disseminate any of
BizProducer.com Confidential Information to anyone other
than those of the Customer's employees or contractors (if
any) on a need-to-know basis, and the Customer agrees to
take all reasonable precautions to protect the secrecy of
and to prevent any unauthorized use, disclosure,
publication, or dissemination of the Confidential
Information. Without limiting the scope of the foregoing,
the Customer will take at least those measures that the
Customer takes to protect the Customer's own most highly
confidential information and will ensure that any of the
Customer's employees, consultants, or other third parties
who have access to BizProducer.com Confidential Information
have signed a non-use and non-disclosure agreement in
content at least as restrictive as the provisions hereof,
prior to any disclosure of the Confidential Information to
such employees, consultants, or other third parties. The
Customer further agrees not to use the Confidential
Information otherwise for the Customer's own, or any third
party's, benefit without the prior written approval of an
authorized representative of BizProducer.com in each
instance. The Customer will not make any copies of
BizProducer.com Confidential Information unless the same are
previously approved by ISQsolutions™ in writing. The
Customer will reproduce BizProducer.com proprietary rights
notices on any such approved copies, in the same manner in
which such notices were set forth in or on the original. The
Customer will not commit or permit the reverse engineering,
reverse assembling, disassembling, reverse compiling, or
de-compiling, or any attempt to derive source code from, any
prototypes, hardware, software or any other tangible objects
which embody BizProducer.com Confidential Information.
Trademark & Copyright: All trademarks and logos contained in
any and all materials and information are the property of
ISQsolutions™. Use of such trademarks, logos, or copyrighted
materials are strictly prohibited without the prior
permission for use from the rightful owners.
USE OF BizProducer.com SERVICES
Customer's Account. Only the Customer may use the Customer's
Account. The Customer may not sell, lease, rent, or assign,
in any way, any part or whole of the Customer's Account
and/or BizProducer.com Services to any party, unless the
Customer obtains BizProducer.com prior written.
Customer's Password. The Customer agrees to maintain a
secure password ("Customer's Password") to the Customer's
Account. A secure password is one that is minimum six (6)
characters long, contains upper and lower case letters,
contains numbers or other characters, and can not be found
in direct or reverse order in a dictionary, without regard
to the language of the dictionary. The Customer is solely
responsible for changing the Customer's Password as required
to ensure secure access to the Customer's Account. The
Customer is also solely responsible for ensuring the
confidentiality and secrecy of the Customer's Password.
BizProducer.com Right of Refusal & Termination. ISQsolutions™
may, at its sole discretion, refuse BizProducer.com Services
to any Customer, whether new or existing, and/or terminate
the supply of BizProducer.com Services to the Customer,
without any prior notice, if BizProducer.com deems the
Customer to be in violation of the Terms and Conditions,
notwithstanding that the Customer may be in breach of any
other agreement by complying with the Terms and Conditions.
Customer's Lawful Use. The Customer agrees to use the
BizProducer.com Services as permitted by applicable laws,
including, without limitation, local, provincial, state, and
federal laws. The Customer agrees that the Customer may NOT
use BizProducer.com Services to conduct or solicit any
business or activity that is prohibited by law, libelous, or
against any BizProducer.com policy. Customer's Warranty,
Liability, & Indemnification. The Customer is solely
responsible for any legal liability arising out of, or
relating to, the Customer's use of BizProducer.com Services.
The Customer represents and warrants to BizProducer.com that
the Customer holds the necessary rights to use, or permit to
use, any item used through any BizProducer.com Service, and
that the use, reproduction, distribution, transmission, or
display of any data to the public, and any material to which
the public can link or access, or any aspect of
BizProducer.com Services made available to the public
through the Customer, will NOT:
violate or potentially violate any right of any third party,
including, without limitation, infringement or
misappropriation of any copyright, patent, trademark, trade
secret, music, image, or other proprietary right;
constitute or potentially constitute violations such as,
without limitation, false advertisement, unfair competition,
defamation, invasion of privacy, invasion of rights, and
discrimination;
cause or potentially cause a business dispute or a personal
dispute; contain any material that is unlawful, harmful,
fraudulent, libelous, slanderous, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, or hateful;
contain any material that is racially, ethnically,
disputatiously, argumentatively, or otherwise objectionable;
or
contain any other material that encourages conduct that
would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable law,
including, without limitation, local, provincial, state,
national, international, or any other laws.
The Customer agrees to indemnify and hold BizProducer.com,
any third party entity related to BizProducer.com
(including, without limitation, third party vendors), and
BizProducer.com executives, directors, officers, managers,
employees, consultants, agents, parent companies, and
subsidiaries harmless from and against any and all
liabilities, losses, costs, judgments, damages, claims, or
causes of action, including, without limitation, any and all
legal fees and expenses arising out of or relating to the
Customer's breach of any of the representations or
warranties herein, or any other third party claim with
respect thereto.
Other Organizations' Permission & Policies. The Customer's
use of networks, computing resources, or other services from
other organizations is also subject to those organizations'
respective permission and usage policies.
Customer's Prevention of Corruption. The Customer must
actively endeavor to prevent any corruption of
BizProducer.com systems, including, without limitation,
viruses. BizProducer.com reserves the right to run
anti-virus programs, at BizProducer.com sole discretion, to
minimize potential and actual damages.
Other Prohibited Conduct. The Customer must not commit or
permit any reverse engineering, reverse assembling,
disassembling, reverse compiling, or de-compiling, or any
attempt to derive source code from, any prototypes,
hardware, software, or other tangible objects provided to
the Customer by BizProducer.com.
Third Party Services or Products. The Customer acknowledges
and agrees that any recommendation made by BizProducer.com
employees or the BizProducer.com web site affliates' links
for services or products ancillary to BizProducer.com
Services. BizProducer.com does not warrant the integrity or
quality of the services or products provided by such third
parties. The Customer agrees to hold BizProducer.com, any
third party entity related to BizProducer.com (including,
without limitation, third party vendors), and
BizProducer.com executives, directors, officers, managers,
employees, consultants, contractors, agents, parent
companies, and subsidiaries harmless from and against any
and all liabilities, losses, costs, judgments, damages,
claims, or causes of action, including, without limitation,
any and all legal fees and expenses arising out of or
related to the Customer's reliance on any recommendation
made by a BizProducer.com employee or by following an
affliate link regarding services or products ancillary to
BizProducer.com Services.
Domain Name Submissions. In the case of a domain name
registration, the Customer agrees that by submitting an
application for a domain name registration, the Customer
warrants that the information submitted therein is true and
correct, and that any future changes to this information
will be provided to the appropriate registry in a timely
manner. The Customer also acknowledges and agrees that any
submission of an application for a domain name registration
does not confer immunity from objection to either the
registration or use of the domain name. It is the Customers
responsibility to keep registrant contact information for a
domain name registration such as email address, telephone
numbers and mailing address current and accurate.
BizProducer.com is not responsible for lose of domain name
registration due to non renewal. Prohibition of Adult
Content, Gambling Content, Occult Content, and Non-Christian
Based Religious Content. By subscribing to BizProducer.com
services, the customer acknowledges that the customer is
prohibited from storing or posting adult content, or any
links to adult and gambling content, including but not
limited to sexually explicit materials, whether graphical,
textual, video, audio, encrypted, protected, proprietary, or
in any other formats. All material of pornographic nature is
considered adult content. By subscribing to BizProducer.com
services, the customer acknowledges that the customer is
prohibited from storing or posting religious content of a
Non-Christian basis and occult content, or any links to such
content, including but not limited to satanism, druidism,
wicca, and shamanism, whether graphical, textual, video,
audio, encrypted, protected, proprietary, or in any other
formats.
BizProducer.com is not obligated to monitor its network for
prohibited adult, gambling, occult or non-Christian
religious content. By subscribing to BizProducer.com
services, the customer acknowledges that if BizProducer.com
is made aware of content that is determined to be adult,
gambling, occult or non-Christian religious content or in
its sole discretion, unacceptable, undesirable, offensive,
indecent, obscene, excessively violent or otherwise
objectionable, BizProducer.com will deny access to such
content and terminate the account without notice and no
refunds will be issued to an account that is terminated for
violating this policy. The Customer agrees to indemnify and
hold BizProducer.com and all of BizProducer.com associated
brands, as they may be amended from time to time, and its
officers, directors, shareholders, employees, agents and
advisors from and against any Claims, losses, judgments,
damages, costs and expenses (including, without limitation,
reasonable legal fees) resulting from the use of the
Services which damages the Customer or any other party.
INDEMNIFICATION
The Customer agrees to protect, defend, hold harmless, and
indemnify ISQsolutions™, any third party entity related to
ISQsolutions™ (including, without limitation, third party
vendors), and ISQsolutions™ executives, directors, officers,
managers, employees, consultants, agents, parent companies,
and subsidiaries from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes of
actions, including, without limitation, any and all legal
fees and expenses arising out of or resulting from
Customer's use of ISQsolutions™ Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL
BizProducer.com, BizProducer.com EXECUTIVES, DIRECTORS,
OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS,
AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
BizProducer.com SERVICES BE LIABLE FOR THE LOSS OF A DOMAIN
NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUE DECREASE,
EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR
BizProducer.com SERVICES, OR ANY OTHER LOSS OR DAMAGE
WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY
USE OF, OR ANY INABILITY TO USE, ANY BizProducer.com
SERVICES EVEN IF BizProducer.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BizProducer.com TOTAL
CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS AND
CONDITIONS, AND THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY
BizProducer.com OR BizProducer.com REPRESENTATIVES, OR UNDER
ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND
WILL NOT EXCEED, THE SETUP FEE OR THE MONTHLY FEE PAID BY
THE CUSTOMER FOR BizProducer.com SERVICES.
DISCLAIMER
Changes, Modifications, & Backup of Data. THE CUSTOMER
AGREES THAT BizProducer.com or our hosting provider
ISQSolutions™ MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY, OR
CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY SOFTWARE,
APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS
OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH
BizProducer.com SERVICES. THE CUSTOMER UNDERSTANDS, AGREES,
AND ACKNOWLEDGES THAT CERTAIN CHANGES TO THE BizProducer.com
SERVICES MAY AFFECT THE OPERATION OF THE CUSTOMER'S
PERSONALIZED APPLICATIONS AND CONTENT. BizProducer.com MAKES
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
REGARDING THE PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF
THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT.
THEREFORE, THE CUSTOMER AGREES THAT THE CUSTOMER IS SOLELY
RESPONSIBLE FOR ANY OF THE CUSTOMER'S PERSONALIZED
APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE
MANAGEMENT AND BACKUP OF ALL THE CUSTOMER DATA.
Systems Information. THE CUSTOMER ACKNOWLEDGES THAT
BizProducer.com MAKES A REASONABLE EFFORT TO KEEP THE
INFORMATION AVAILABLE ON BizProducer.com SYSTEMS ACCURATE.
HOWEVER, BizProducer.com MAKES NO WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY,
OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE. USE OF
INFORMATION OBTAINED FROM OR THROUGH BizProducer.com IS AT
THE SOLE RISK OF CUSTOMER.
Interconnecting Networks Information. The CUSTOMER
ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION AVAILABLE
THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE,
AND THAT BizProducer.com HAS NO ABILITY OR AUTHORITY OVER
THE DATA AND/OR INFORMATION. BizProducer.com MAKES NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING
THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR
INFORMATION RESIDING ON OR PASSING THROUGH THE
INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION
OBTAINED FROM OR THROUGH BizProducer.com SERVICES IS AT THE
SOLE RISK OF THE CUSTOMER.
Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND
ACKNOWLEDGES THAT BizProducer.com MAKES A REASONABLE EFFORT
TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND
INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE
BEING LICENSED OR CO-BRANDED FROM OR BY THIRD PARTY
ENTITIES. HOWEVER, BizProducer.com MAKES NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY,
ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF
ANY AND ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER,
BizProducer.com SPECIFICALLY DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR
SUCH TECHNOLOGIES. FURTHERMORE, THE CUSTOMER WILL NOT HOLD
BizProducer.com, ANY THIRD PARTY ENTITY RELATED TO
BizProducer.com (INCLUDING, WITHOUT LIMITATION, THIRD PARTY
VENDORS), OR BizProducer.com EXECUTIVES, DIRECTORS,
OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT
COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE
REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO
BizProducer.com FROM OR BY THIRD PARTIES, THAT RESULTS IN
ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR
OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S BUSINESS, THE
CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE
OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE
TECHNOLOGIES OBTAINED FROM OR THROUGH BizProducer.com, OR
ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR
INDIRECTLY, IS AT THE SOLE RISK OF THE CUSTOMER.
Non- BizProducer.com Products. THE CUSTOMER ACKNOWLEDGES
THAT ANY MENTION OF NON- BizProducer.com PRODUCTS OR
AFFLIATE SERVICES BY BizProducer.com, ANY THIRD PARTY ENTITY
RELATED TO BizProducer.com (INCLUDING, WITHOUT LIMITATION,
THIRD PARTY VENDORS), OR BizProducer.com EXECUTIVES,
DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS,
AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR
INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN
ENDORSEMENT OR RECOMMENDATION BY BizProducer.com OR THE
INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION.
BizProducer.com DISCLAIMS ANY AND ALL LIABILITIES FOR ANY
REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON-
BizProducer.com PRODUCTS AND/OR BizProducer.com SERVICES.
Web Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY
THE "INFORMATION") MADE AVAILABLE ON THE BizProducer.com WEB
SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND.
BizProducer.com EXPRESSLY DISCLAIMS ANY REPRESENTATION AND
WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BizProducer.com WILL HAVE ABSOLUTELY NO LIABILITY
IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGE TO THE WEB SITE USER'S
COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND
BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF
INFORMATION, AVAILABLE ON THE WEB SITE. BizProducer.com WILL
HAVE NO LIABILITY FOR:
ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART,
BY BizProducer.com ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR
CONTINGENCIES BEYOND BizProducer.com CONTROL IN PROCURING,
COMPILING, OR DELIVERING THE INFORMATION;
ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR
INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE
UPON THE INFORMATION FURNISHED ON THE WEB SITE.
BizProducer.com MAKES NO WARRANTY, REPRESENTATION, OR
GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS,
OR COMPLETENESS OF THE INFORMATION ON THE BizProducer.com
WEB SITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY
REASON. BizProducer.com MAKES NO WARRANTY, REPRESENTATION,
OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.
FOR THE PURPOSES OF THIS SECTION, " ISQsolutions™ "
INCLUDES, WITHOUT LIMITATION, ISQsolutions™ DIVISIONS,
SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR
(INCLUDING BizProducer.com) EXECUTIVES, DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR
THE LIKE.
PAYMENT, PENALTIES, & APPLICABLE TAXES
Billing Cycle Defined. BizProducer.com provision of
BizProducer.com Services to the Customer for (3) 0r (12)
months will constitute a "Billing Cycle," which will begin
on the day the plan is purchased, and end on the same day,
of each calendar billing cycle month. The Billing Cycle will
continue to renew each calendar billing cycle month until
BizProducer.com receives a "Not-to-Renew Request" (see
section 9.) from the Customer. BizProducer.com reserves the
right to modify the Billing Cycle, at any time and without
prior notice, so that the Customer may be billed for
BizProducer.com Services more or less frequently.
Initial Billing Cycle. The initial Billing Cycle will
commence on the earlier of the day BizProducer.com receives
from the Customer an electronic order form and payment for
BizProducer.com Services.
Payment Due. The Customer must ensure that BizProducer.com
receives full payment for BizProducer.com Services on the
day of each recurring Billing Cycle, including the initial
Billing Cycle. The Customer is solely responsible for
ensuring that his credit card is valid and contains funds on
the customers credit card to ensure BizProducer.com receives
payment on the applicable recurring billing date.
BizProducer.com will not provide the Customer with
BizProducer.com Services until BizProducer.com receives full
payment.
Methods of Payment. Methods of payment accepted by
BizProducer.com are PayPal and credit card only.
Overages. BizProducer.com will charge the Customer for any
"Overages", including, without limitation, excessive monthly
data transfer use (which is any use of monthly data transfer
above the allowance specified in the Customer's particular
hosting service plan). The Customer is solely responsible
for preventing any and all Overages on a daily basis. The
Customer acknowledges that BizProducer.com has no obligation
to warn the Customer about any pending or actual Overage.
Delinquent Customer's Account. The Customer's Account will
be deemed "Delinquent" if BizProducer.com does not receive
payment for BizProducer.com Services within seven (7) days
after the commencement of a Billing Cycle.
Penalties for Delinquent Customer's Account. A Customer's
Account that is Delinquent is put on hold and may not be
used. Delinquent Customer's Account will have visitors
redirected from the
Customer's web site to BizProducer.com Web site. A
Delinquent Customer's Account that is unpaid for thirty (30)
days after the commencement of a Billing Cycle, at
BizProducer.com sole discretion, have any or all files
archived. Delinquent Customer's Accounts that are unpaid for
anytime up to thirty (30) days or more after the
commencement of a Billing Cycle may, at BizProducer.com sole
discretion, have any or all files purged. The Customer's
Account will continue to accrue charges while the Customer's
Account is on hold.
Reconnection Charge. The Customer must pay a service
reconnection charge of forty U.S. dollars ($40.00USD) to
remove the hold on the Customer's Account and to remove the
Customer's Account from Delinquent status.
Applicable Taxes. BizProducer.com will charge the Customer,
and the Customer must pay to BizProducer.com all applicable
taxes, including, without limitation, any retroactive tax on
past fees or charges (whether already paid or not) in cases
where BizProducer.com is under a legal obligation to collect
such tax from the Customer. The Customer is solely
responsible for any and all other taxes, which the Customer
is under a legal obligation to pay.
"NOT-TO-RENEW" Requests
Automatic Renewal. The Terms and Conditions will bind the
Customer, and the Customer will be deemed to have accepted
the Terms and Conditions, upon BizProducer.com receipt of
the Customer's electronic order form, or upon any use by the
Customer of any BizProducer.com Service. The Terms and
Conditions, and the business arrangement between the
Customer and BizProducer.com as set out herein, will
automatically renew, upon expiration, upon recurring billing
cycle for the applicable period until the Customer makes a
proper "Not-to-Renew Request."
Not-to-Renew Request Defined. "Not-to-Renew Request" means
the Customer's request to BizProducer.com to cease the
provision of BizProducer.com Services for the particular
Customer's Account. A Not-to-Renew Request for the
Customer's Account must be submitted by the Customer via the
Email to info@bizproducer.com. The Not-to-Renew Request must
be received by BizProducer.com before 5:00 p.m. EST, seven
(10) days before the anniversary date of the
Customer's Account in order for the Not-to-Renew Request to
be processed before such anniversary date; otherwise,
BizProducer.com will automatically renew the Customer's
Account, and the Customer will be bound and responsible, for
the next applicable period. CHARGES ARE NOT PRO-RATED WHEN
THE CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH
BizProducer.com.
Full Payment Requirement. The Customer's Account must be
PAID IN FULL before any Not-to-Renew Request will be
considered effective.
30-Day Money Back Guarantee. BizProducer.com will provide
the Customer a thirty (30) day money back guarantee. The
thirty (30) day period will commence on the earlier of the
day BizProducer.com receives from the Customer an electronic
order form or an order form. For web hosting plans pre-paid
quarterly (3 months) or annually (12 months), the full
pre-payment amount minus any setup fees and overages will be
refunded if BizProducer.com is notified within the first 30
days from the date the hosting plan was ordered. No refund
is available after the 30th day. This service guarantee does
not apply to any add-ons or additional services such as data
transfer overages, Web server storage, MS SQL or MySQL
database storage, email server storage, domain name
registrations and SSL Certificates. Cancellation Request
must be submitted by the Customer via email to info@bizproducer.com.
Cancellations must be requested within the first 30 days
from the initial date the hosting plan was ordered. E-mail
requests will not constitute acceptance of any cancellation.
CUSTOMER'S ABUSE & BREACH
Abuse Defined. Any "abuse" of BizProducer.com Services is a
breach of the Terms and Conditions. Abuse includes, without
limitation, the Customer's use of BizProducer.com Services
that disrupts the normal use of BizProducer.com Services for
other BizProducer.com the customers. Determination of what
constitutes an abuse of BizProducer.com Services will be at
the sole discretion of BizProducer.com. Some examples of
abuse of BizProducer.com Services include, without
limitation, spawning processes, consuming excessive amounts
of memory or CPU, spamming or mass e-mailing. Without
limiting the scope of the foregoing, BizProducer.com forbids
the storage of illegal or pirated software, the use of any
type of IRC bot and/or proxy (including, without limitation,
"bnc" and "eggdrop"), the storage or use of any type of
software intended for hacking or cracking purposes, and the
storage or sale of unsolicited bulk e-mail lists intended
for spamming or resale purposes.
Disciplinary Measures. Depending on the nature and the
severity, the Customer's abuse of BizProducer.com Services
is cause for BizProducer.com to implement, at
BizProducer.com sole discretion, disciplinary measures,
including, without limitation, warning, suspension, or
termination of the Customer's Account and all provision of
BizProducer.com Services to the Customer. If the Customer
has been suspended, and BizProducer.com chooses to rescind
the suspension, BizProducer.com may, at its sole discretion,
charge the Customer a reconnection charge before
BizProducer.com will provide any further
BizProducer.com Services to the Customer. If a Customer’s
Account has been suspended or placed on any kind of hold
whatsoever by BizProducer.com, that the Customer’s Account
will have visitors redirected from the Customer’s web site
to ISQsolutions™ web site.
Misclassification. The Customer acknowledges that the
Customer's activity may be misclassified as abuse. A
Customer who believes that the Customer's activity has been
misclassified may appeal to BizProducer.com Technical
Support Manager. Determination of whether or not the
Customer's activity is abuse is at BizProducer.com sole
discretion.
Right to Terminate. IF BizProducer.com DEEMS THE CUSTOMER TO
BE INVOLVED, IN ANY WAY, IN SPAMMING ACTIVITIES,
BizProducer.com RESERVES THE RIGHT TO IMMEDIATELY TERMINATE
BizProducer.com SERVICES TO THE CUSTOMER.
Breach of the Terms and Conditions. Unethical activities and
criminal offenses are breaches of the Terms and Conditions.
The Customer agrees to report to BizProducer.com any breach
of the Terms and Conditions by either the Customer or any
other BizProducer.com customer. If the Customer is unsure of
whether or not a particular activity is unethical or
criminal, the Customer must notify BizProducer.com and
BizProducer.com will make such determination.
Civil &/or Legal Liability for Breach. ANY BREACH OF THE
TERMS AND CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL
ACTION AND/OR CRIMINAL PROSECUTION.
IP ADDRESSES
BizProducer.com's hosting provider ISQsolutions™ maintains
control and ownership of any and all IP numbers and IP
addresses that may be assigned to the Customer, and
ISQsolutions™ reserves the right to change or remove, at
ISQsolutions™ sole discretion, any and all IP numbers and
addresses.
INTELLECTUAL PROPERTY
IP Prohibition. The Customer must not, without
BizProducer.com express written consent, copy, reproduce, or
republish any material, in whole or in part, that is located
on the Web Site, including, without limitation,
BizProducer.com sales and marketing materials. Trademark &
Copyright Prohibition. The Customer must not, without
BizProducer.com express written consent, use any
BizProducer.com trademark, service mark, or copyrighted
material. Misrepresentation. The Customer must not, in any
way, misrepresent the Customer's relationship with
BizProducer.com, attempt to pass itself off as
BizProducer.com, or claim that the Customer is
BizProducer.com.
CUSTOMER'S PRIVACY
BizProducer.com takes reasonable measures to protect the
Customer's privacy. Except under urgent or emergency
circumstances, and/or as required by regulation, court
order, official authority, police or other law enforcement
authority, or any applicable law. The Customer's information
or data collected will be used by BizProducer.com for
purposes related to BizProducer.com Services including,
without limitation, extending special offers to the
Customer, and referral and/or agency commissions (including,
without limitation, improvements). The Customer understands,
acknowledges, and agrees that the Customer's administrative
contact information in relation to the Customer's domain
name registration is public information and BizProducer.com
is not, and can not, be obligated to safeguard such
information and data from any third party.
ASSIGNMENT AND AGENTS
Assignment. The rights and liabilities of both the Customer
and BizProducer.com (collectively "the Parties") under the
Terms and Conditions will bind and inure to the benefit of
the Parties' respective successors, executors, and
administrators, as the case may be. However, the Customer
may not assign or delegate the Customer's rights and
obligations under any of the Customer's business
relationships (including, without limitation, any contract,
agreement, or business arrangement) with BizProducer.com,
either in whole or in part, without the prior written
consent of BizProducer.com. BizProducer.com may assign its
rights and obligations under the Terms and Conditions to any
third party in connection with a merger, acquisition, sale
of all or substantially all of BizProducer.com assets, or
any other corporate reorganization.
Bound as Principal. The Customer agrees that the Customer
will be bound as a principal to the Terms and Conditions
even if any contract, agreement, or business arrangement,
including, without limitation, an application for domain
name registration or web hosting, is executed by an agent
for the Customer.
MINIMUM AGE REQUIREMENT
Customer's Warranty. The Customer warrants that the Customer
is at least 18 years of age.
Parent or Guardian. Any individual under the age of 18 years
("Minor") must have a parent or guardian accept the Terms
and Conditions in order for the Minor to become a
BizProducer.com customer.
Parent or Guardian Primarily Liable. A parent or guardian
who accepts the Terms and Conditions on behalf of a Minor
will be primarily liable for ensuring complete and proper
compliance with the Terms and Conditions, including, without
limitation, the timely and full payment of the charges for
BizProducer.com Services.
Continuation of Parent or Guardian's Liability. A parent or
guardian who accepts the Terms and Conditions on behalf of a
Minor will continue to be primarily liable for the
obligations mentioned in the Terms and Conditions even when
the Minor has attained the age of 18, unless BizProducer.com
provides to such parent or guardian BizProducer.com express
written consent to the contrary.
Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE
TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18
WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE
DEEMED NULL AND VOID AS BETWEEN BizProducer.com AND THAT
PARTICULAR INDIVIDUAL.
GOVERNING LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and
Conditions, arising from the business relationship between
BizProducer.com and the Customer, will be governed by and
construed in accordance with the laws of the state of
Washington, without reference to its conflicts of laws
principles. The Customer agrees that any litigation or
arbitration between the Customer and BizProducer.com will
take place in Washington, United States of America, and the
Customer consents to personal jurisdiction and venue in
Washington, United States of America. If any provision or
portion of the agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the
remainder of that agreement will continue in full force and
effect.
MODIFICATION
Any waiver, modification, or amendment of any provision of
the Terms and Conditions, initiated by the Customer, will be
effective only if accepted in writing and signed by
BizProducer.com.
SURVIVAL OF TERMS AND CONDITIONS
The following sections of this Terms and Conditions will
survive the expiry or termination of this Terms and
Conditions for any reason: 1(f); 1(h); 2; 3(e); 3(f); 3(j);
4; 5; 6; 11; 12; 14; 17.
INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a
partnership or relationship of employer and employee,
principal and agent, partnership or joint venture between
the Parties. Each Party will be deemed an independent
contractor at all times and will have no right or authority
to assume or create any obligation on behalf of the other
Party, except as may be expressly provided herein.
COMPLETE AGREEMENT
The Terms and Conditions, in addition to any other specific
agreement (if any) between BizProducer.com and the Customer,
constitutes the complete understanding and agreement between
the Customer and BizProducer.com Except when expressly
agreed to the contrary in writing by BizProducer.com, the
Terms and Conditions supersedes any other written
(including, without limitation, digitized/computerized)
agreement, oral agreement, and/or agreement by conduct.
